SHAFA RIGHT AND ITS BORDERS IN ISLAMIC LAW

Special emphasis is given to the provision of water for people in Islamic law. In the early periods when Islamic law sources were formed after the birth of Islam, the right to drink water, which is seen in shirb right, is seen as shafa right in later centuries. Shafa right is expressed in the narrowest sense as the right to provide the water necessary for man into thirst. In other saying shafa right is seemed as the right to supply the water that a person needs in his daily life. When this right is used in the water, it is important that the water is general and special water. There is freedom in the use of shafa right in the general waters. Freedom is also accepted in special waters except mohraz waters. It is not considered the presence of shafa right in the mohraz water. This right can be used with owner's permission or who used this right in to the state of necessity. The person who is using mohraz water in case of necessity must indemnify it. There is a close interest with shafa right the selling of the waters. Some lawyers give permission to sell water within the scope of shafa right. But some lawyers say that the water which is seemed in shafa right must be free of charge